Law Commons^™

Deadly Consequences Of Unreliable Evidence: Why Child Capital Rape Statutes Threaten To Condemn The Innocent Defendant To Death, Andrew M. Luther

Tulsa Law Review

No abstract provided.

Toward Evidence-Based Evidence: Supporting Forensic Knowledge Claims In The Post-Daubert Era, Simon A. Cole

Tulsa Law Review

No abstract provided.

Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area; and …

Protecting Factfinders From Being Overly Misled, While Still Admitting To Weakly Supported Forensic Science Into Evidence, Michael J. Saks

Tulsa Law Review

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Constitutional Transplants And The Mutation Effect, Horacio Spector

Chicago-Kent Law Review

This article is concerned with constitutional transplantation, that is, the borrowing of constitutional institutions and precedents from foreign jurisdictions. It pursues two main goals. First, it argues that the borrowing of constitutional texts can be successful over long periods of time, and that when the transplanted texts fail, this failure is not easily attributable to transplantation alone. Second, it introduces the notion of a "mutation effect" to the theoretical analyses of judicial transplants. By "mutation" of precedents, the author means the process of continuing to extend the scope of a holding, regardless of its factual basis, to cover situations not …

The Color Of Brazil: Law, Ethnic Fragmentation, And Economic Growth, Tade O. Okediji

Chicago-Kent Law Review

The influence of ethnic fragmentation on economic performance has been the subject of much scholarly inquiry in economics and political economics literature. Studies have shown that ethnic fragmentation has a distinct impact on the prospects for economic growth through its effect on government policies and in particular macroeconomic stabilization strategies. It has also become relevant in legal scholarship, especially with regard to developing antidiscrimination laws to ameliorate incessant conflict in plural societies. Accurate measurements of the scale or degree of ethnic fragmentation are important for determining sustainable economic development policies and legal policies for overall development planning. The multiple, complex, …

To Disclose Or Not To Disclose: Duty Of Candor Obligations Of The United States And Foreign Patent Offices, Gina M. Bicknell

Chicago-Kent Law Review

Many patent offices around the world have rigorous prior art disclosure requirements. U.S. patent applicants not only must meet each individual country's criteria for disclosure, but also must contend with allegations of inequitable conduct from patent infringers which may render their patents unenforceable. This article argues that the new prior art disclosure rules promulgated by the USPTO unfairly shift the burden of examining patent applications onto patent applicants, and create a situation ripe for allegations of inequitable conduct. This article also examines how other countries handle disclosure obligations, and recommends several alternative systems that would meet the USPTO's objectives of …

Daubert, Schmaubert: Criminal Defendants And The Short End Of The Science Stick, Susan D. Rozelle

Tulsa Law Review

No abstract provided.

Ex-Post-Booker: Retroactive Application Of Federal Sentencing Guidelines, Christine M. Zievel

Chicago-Kent Law Review

In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempted to cure Sixth Amendment issues by excising the mandatory provisions of the U.S. Sentencing Guidelines and changing the binding role of the Guidelines to advisory. For close to twenty years, federal circuit courts had used the Ex Post Facto Clause to prohibit sentencing judges from retroactively applying revisions of the federal Guidelines. However, after Booker's advisory mandate and the Guidelines' supposed loss of force in sentencing decisions, some circuits have now found that the same retroactive application no longer violates the …

Editorial Board - Vol. 17, No. 1 2007

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Show & Tell On The Internet: Will Janet & George Set The Standard? Fcc Censorship & Converging Technologies, E. Judson Jennings

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

My Place Or Yours: Copyright, Place-Shifting, & The Slingbox: A Legislative Proposal, Jessica L. Talar

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Do Consumers Have The Right To Space-Shift, As They Do Time-Shift, Their Television Content? Intellectual Property Rights In The Face Of New Technology, Adi Schnaps

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Hockey's Cold War - Russia's Defiance Of The Iihf And The Evgeny Malkin Saga, Chris Miller

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The James Frey Scandal: A Million Frivolous Lawsuits, Stacey A. Hyman

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman

Articles

No abstract provided.

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

As in previous years, we cannot comment on every development in criminal law in Georgia that occurred this past year through appellate opinions and statutory changes. We cannot even footnote all of them. Instead, we have chosen cases that are the most important or the most interesting or those that may have the widest application to the future course of criminal practice and procedure. We hope this Article is useful to our colleagues who practice criminal law.

Appellate Practice And Procedure, Roland F.L. Hall

Mercer Law Review

This Article surveys decisions addressing appellate law and procedure handed down by the Georgia appellate courts between June 1, 2006 and May 31, 2007. The cases discussed fall into the following categories: (1) appellate jurisdiction, (2) preserving the record, (3) timeliness of appeal, and (4) miscellaneous cases of interest.

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary

The University of New Hampshire Law Review

[Excerpt] “The United States Constitution vests all executive powers in a president. This is the unitary executive theory. By virtue of this, many believe the president is vested with the power to act unilaterally. This is the unilateral executive theory. However, the unilateral executive portends more than action. In reality, the unilateral executive theory provides an opportunity to implement a unilateral agenda. Thus, the aim of this paper is to consider executive power, the separation of powers, and the unilateral executive theory to determine if presidential power under the separation of powers doctrine is actually “a wolf in sheep’s clothing.” …

Shake & Bake: Dual-Use Chemicals, Contexts, And The Illegality Of American White Phosphorus Attacks In Iraq, Joseph D. Tessier

The University of New Hampshire Law Review

[Excerpt] “On November 29, 2005, in a Department of Defense press conference with Secretary of Defense Donald Rumsfeld and Gen. Peter Pace, Chairman of the Joint Chiefs of Staff, General Pace stated that white phosphorus “is a legitimate tool of the military,” and can be used for illumination, smoke, and incendiary purposes. Incredibly, the Department of Defense released an addendum to the press conference clarifying that white phosphorus was not used as an incendiary weapon. According to General Pace, “it was well within the law of war to use white phosphorus . . . for marking and screening.” This was …

Masthead, Volume 6, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Six, Issue Number Two.

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

The Investment Climate, Competition Policy, And Economic Development In Latin America, R. Shyam Khemani, Ana Carrasco-Martin

Chicago-Kent Law Review

The merits of fostering effective competition in the economy to encourage economic efficiency, consumer welfare, productivity, innovation, and attract investment have been increasingly and widely recognized by governments around the world. Relative to other regions, developing countries in Latin America have been at the forefront in adopting pro-competition measures such as deregulating industries, liberalizing trade and investment, and enacting competition (antitrust or antimonopoly) laws. However, the quality of the investment climate that determines the risks and transaction costs associated with investing and operating a business, as well as the implementation of competition law and policy, tend to vary widely across …

Implementing Competition Law And Policy In Latin America: The Role Of Technical Assistance, Ana Maria Alvarez, Pierre Horna

Chicago-Kent Law Review

Despite all the bottlenecks faced in implementing competition law and policies (CLP) in Latin America, several countries have been able to organize competition regimes and establish effective competition agencies. Experience has shown that the adage "no one size fits all" holds true; each country adheres to its own agenda. Therefore, technical assistance (TA) entails a bottom-up progressive approach and reflects national priorities. At the outset of implementing a CLP in developing countries, it is worth keeping in mind certain questions: Will the new regulation represent an additional burden to the already-charged institutional setting, or will it be an additional rule …

Commentary: The Trajectory Of Complex Business Contracting In Latin America, Claire A. Hill

Chicago-Kent Law Review

Latin American contract documentation used to be quite short, as is typical in civil law countries. Increasingly, it resembles U.S. contract documentation: long, detailed, and full of boilerplate. This commentary discusses this development, and considers what effect it will have on contracting practice in Latin America; it also considers some broader implications of international convergence in contracting practices.

I argue that the explanation can't be that U.S. contracting practices are superior. That explanation doesn't even work in the U.S., where parties and institutions are geared up to use U.S. practices and documentation. Indeed, most of the virtues of U.S.-style contracting …

Order Without (Enforceable) Law: Why Countries Enter Into Non-Enforceable Competition Policy Chapters In Free Trade Agreements, D. Daniel Sokol

Chicago-Kent Law Review

There has been an explosion in the past ten to fifteen years of bilateral and regional free trade agreements in Latin America (together, preferential free trade agreements or PTAs). The purpose of PTAs is to increase trade, regulatory, and investment liberalization. As trade liberalization requires more than just a reduction of tariffs, PTAs include "chapters" in a number of areas of domestic regulation. These chapters that address domestic regulation create binding commitments to liberalize domestic regulation that may impact foreign trade. Among chapters that address domestic regulation, many of the Latin American PTAs include a chapter on antitrust or competition …